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在行政执法实践中,行政职权冲突十分普遍,从未得到过良好地解决。我国现阶段对于行政职权冲突解决机制的研究主要仍集中在行政系统内部。文章从法律角度发掘行政机关职权冲突的立法原因:(一)行政立法权的授予和行使规定不明确;(二)立法主体本位主义严重;(三)立法上对行政职权配置不合理。从法律角度出发提出一些完善行政机关职权冲突解决机制的设想,如完善行政职权配置,完善行政组织法,完善备案审查制度等。
In the practice of administrative law enforcement, conflicts of administrative powers are very common and have never been well resolved. At present, the research on the mechanism of resolving administrative power conflicts in our country is still mainly concentrated within the administrative system. The article explores the legislative reasons for the conflicts of authority between administrative organs from the legal point of view: (1) The provisions on the granting and exercising of administrative legislative power are not clear; (2) The main body of legislative legislation is serious; (3) The allocation of administrative powers and powers is irrational in legislation. From the point of view of law, some suggestions to improve the mechanism of resolving conflict of powers and functions between administrative organs are put forward, such as perfecting the allocation of administrative powers and functions, perfecting the administrative organization law and improving the filing and censorship system.